Melton v. Marten Transport
Plaintiffs Jimmie Melton and Julia Hernandez Melton filed an action for damages for injuries and property damage they sustained when Mrs. Melton lost control of their Freightliner tractor truck. The original complaint alleged only strict products liability. Plaintiffs first amended complaint added a second cause of action for negligence. Plaintiffs insurer, Great American Insurance Company, filed a complaint in intervention. A settlement was reached as to the products liability cause of action. The negligence cause of action was tried to a jury. Marten Transport, Ltd. (hereafter sometimes Marten) was the sole defendant. After plaintiffs rested, subject to the admission of exhibits, Marten made an oral motion for nonsuit. After argument, the court granted the motion. Judgment was entered for Marten, and plaintiffs filed a timely notice of appeal.
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